H. B. 2581
(By Delegates Hunt, Linch, Compton, Faircloth,
Jenkins and Riggs)
[Introduced February 1, 1999; referred to the Committee
on the Judiciary.]
A BILL to amend and reenact section two, article three,
chapter sixty-four of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating
to authorizing the environmental quality board to
promulgate a legislative rule relating to the
requirements governing water quality standards.
Be it enacted by the Legislature of West Virginia:
That section two, article three, chapter sixty-four of
the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted, to read
as follows:
ARTICLE 3. AUTHORIZATION FOR BUREAU OF ENVIRONMENT TO
PROMULGATE LEGISLATIVE RULES.
§64-3-2. Environmental quality board
(a) The legislative rule filed in the state register
on the first third day of August, one thousand nine hundred
ninety-seven ninety-eight, authorized under the authority
of section four, article three, chapter twenty-two-b, of
this code, modified by the environmental quality board to
meet the objections of the legislative rule-making review
committee and refiled in the state register on the
twenty-second day of January, one thousand nine hundred
ninety-eight, relating to the environmental quality board
(requirements governing water quality standards, 46 CSR 1),
is authorized. until the thirtieth day of October, 1999:
Provided, That the environmental quality board shall
review, revise and propose, within this statutory deadline,
and in accordance with the provisions of chapter twenty- nine-a of this code, emergency and legislative rules to
address the interpretive differences regarding the
designation of category A waters and analyze the need for
distance prohibitors for the policies of public drinking
water intake, with the following amendments:
By deleting the strike-throughs in subdivisions 8.22.1
and 8.22.2;
And,
On page fourteen, subsection 7.2.b after the word
'NOTE:' by inserting the following:
'With the exception of section 7.2.c.5 listed herein
exceptions do not apply to trout waters nor the
requirements of section 3.'
And on page fourteen, after paragraph 7.2.c.4 by
inserting a new paragraph 7.2.c.5, to read as follows:
'For the upper Blackwater River from the mouth of
Yellow Creek to a point 5.1 miles upstream, when flow is
less than 7Q10, naturally occurring values for Dissolved
Oxygen as established by data collected by the dischargers
within this reach and reviewed by the Board and Division of
Environmental Protection shall be the applicable criteria.'
And,
On page forty-four, by striking out subsection 8.17.1
in its entirety and inserting in lieu thereof a new
subsection 8.17.1 to read as follows:
"Effluent limitations regarding Mn shall not apply
where the applicant certifies the stream or stream segment
is not category A water." with the amendment set forth
below:
On page twenty, by striking-out all of subsection 8.5.
(b) The legislative rule filed in the state register
on the first day of August, one thousand nine hundred
ninety-seven, authorized under the authority of section
four, article three, chapter twenty-two-b, of this code,
modified by the environmental quality board to meet the
objections of the legislative rule-making review committee
and refiled in the state register on the twenty-third day
of January, one thousand nine hundred ninety-eight,
relating to the environmental quality board (requirements
governing groundwater standards, 46 CSR 12), is authorized.
NOTE: The purpose of this bill is to authorize the
Environmental Quality Board to promulgate a legislative
rule relating to the Requirements Governing Water Quality
Standards.
Strike-throughs indicate language that would be
stricken from the present law, and underscoring indicates new language that would be added.